Muslim estate planning – Wasiat & Hibbah

Wasiat

When planning their estate, Muslims in Singapore are subject to Syariah law. A will under Syariah law is commonly known as a wasiat. Like a civil will, the wasiat sets out how the deceased’s estate is to be distributed. There are several things to note when writing a wasiat.

You must be at least 21 years old and of sound mental capacity in order to prepare your wasiat.

The signing of the wasiat must be witnessed by at least two other people. The witnesses cannot be male Muslims who are beneficiaries of the wasiat.

There are more limitations to a wasiat then a civil will. For example, the estate to be included in the wasiat may not amount to more than one-third of the estate. In addition, the beneficiaries under the wasiat cannot also be a faraid heir. Examples of faraid heirs are parents, spouse, children, grandchildren, and siblings.

In addition to preparing a wasiat, it is recommended to prepare a Lasting Power of Attorney (LPA) as well. An LPA allows you to appoint someone that you trust to make decisions for you in the event you are unable to make decisions for yourself due to “an impairment of, or a disturbance in the functioning of, the mind or brain.”

Hibbah

A hibbah is a gift under Syariah law. It is one of the tools used in estate planning by Syariah lawyers.

More considerations arise where a Muslim has made civil law arrangements, such as wills and trusts, and where the Muslim was a convert, i.e. not Muslim at birth.

IRB Law has one of the largest Syariah law practices, with more than 10 lawyers and paralegals with expertise in this unique area of law. Our Syariah law practitioners are conversant in Malay, Tamil, Chinese and English.

Speak to our team today to get a full understanding of your rights and obligations.

Get in touch for an initial consultation so we can better understand your situation and give you an idea of the options, process and potential fees involved.

Why chose us?

Integrity

We are committed to resolving
your matter quickly and without
incurring unnecessary costs.

Tons of experience

We have a team of more than
20 lawyers. When you work
with IRB, you gain access to
that collective experience.

 

Transparent, affordable fees

We believe legal services should
be affordable to all. We offer
transparent, affordable, and
fixed free pricing.

 

Meet some of the Syariah law team

Abdul Aziz-image
Abdul Aziz

Partner

Mr Abdul Aziz Bin Abdul Rashid holds a law degree from the National University of Singapore and heads a team of lawyers in the firm who handle both contentious and non-contentious Muslim law matters.

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Mohamed Baiross

Managing Partner

Baiross is the managing partner of IRB Law LLP. He is an experienced lawyer with an excellent reputation across a broad selection of practice areas including divorce, insolvency, crime, probate, syariah, and civil litigation.

Nur Izyan-image
Nur Izyan

Associate

Izyan is an associate of the firm. She advises on civil litigation, family law, Syariah law, estate law, criminal defence, insolvency and restructuring, debt recovery and employment matters.

Norhakim Shah-image
Norhakim Shah

Senior Associate

Hakim graduated from the University of Liverpool with an LLB (Honours) in July 2010 and is a Senior Associate at I.R.B. Law LLP. His experience lies in the Muslim family law area.

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